In a 2-1 decision, the 6th Circuit Court of Appeals ruled the 2006 voter-approved constitutional amendment that banned race and gender considerations in government hiring and university admission programs violated the U.S. Constitution.

Though Attorney General Bill Schuette vowed to appeal and seeking a review by the full appellate court, opponents of Proposal 2 saw new hope for a revival of affirmative action programs that had been moribund ever since 58 percent of state voters adopted Proposal 2.

Friday's 59-page ruling focused its argument mostly on the fact that Michigan's voter-approved ban is in the Constitution, making a repeal extremely difficult.

"Proposal 2 re-orders the political process in Michigan to place special burdens on minority interests," judges R. Guy Cole Jr. and Martha Craig Daughtrey said.

The lawsuit that overturned Proposal 2 was filed on behalf of 18 students, faculty and applicants to the University of Michigan. Their appeal argued that a constitutional amendment that denied consideration of race while allowing other non-academic factors was discriminatory.

Since its passage, Proposal 2 was taking its toll, said Ortega, president of Alternative Mechanical LLC, a Grand Rapids-based construction firm.

“Any gains that were made (pre-Proposal 2) were slowly diminishing,” Ortega said. Banks were calling in credit lines as majority-owned contractors lost their incentive to try out minority subcontractors on construction jobs, he said.

Despite public proclamations not to abandon minority contractors, “the disparity between majority and minority-owned businesses continued to grow,” Ortega said.

In the city of Grand Rapids, participation by women and minority-owned companies in construction jobs had plummeted 52 percent since Proposal 2, according to figures released last year.

Ellen James, who spent nearly 30 years promoting minority participation with the city of Grand Rapids, was jubilant after hearing the news Friday.

“This was never a government handout program,” said James, who also is long-time board member at Grand Rapid Community College. “It was always a program to make sure we were all inclusive.”

“To see this issue come to the forefront again is just a delight for me.”

Dwight Hamilton, assistant vice president for affirmative action at Grand Valley State University, said the ruling probably will not affect admission standards at they Allendale institution. But the ruling, if it stands further appeals, could affect how scholarships are awarded, he said.

“It confirms the belief that many of us have that for us to advance as a state, we need to be able to advance all people,” Heartwell said. “Racial discrimination is a reality in the state of Michigan and affirmative action is a viable tool to defeat racism.”